Ana Carolina Garcia | Advogada
PRACTICE AREA

Family Law

Guidance on divorce, custody, child support and division of assets, with care and clear language at every step.

HOW WE WORK

From first contact to decision

01Consultation
02Analysis
03Strategy
04Follow-up

Family Law: life-changing decisions handled with care

Few areas of law affect people's lives as directly as Family Law. A divorce, deciding child custody, the amount of child support or the division of assets all touch routine, finances and emotions at the same time. That is why, beyond technical knowledge, the service requires listening, patience and clear language.

Our work starts by understanding your story. Before taking any step, we explain which paths exist, how long each one usually takes, which documents will be needed and what the costs are. That way you decide with information, not on the impulse of a difficult moment.

Illustration of a family with parents and a child holding hands in front of a house, representing shared custody and Family Law
Shared custody is the rule in Brazil and always follows the best interests of the child.

Uncontested and contested divorce

Since Constitutional Amendment 66/2010, divorce in Brazil no longer requires prior separation or a minimum length of marriage. When the couple agrees, the procedure tends to be faster and less stressful. As a rule, an uncontested divorce can be done at a notary's office, by public deed, when there are no minor or incapacitated children, or when matters concerning them have already been settled in court. Even at the notary, a lawyer must be present.

When there is no agreement on the division of assets, custody or support, the divorce goes to court. In these cases we always seek mediation and conciliation where possible, as they usually reduce conflict and costs. If an agreement is not feasible, we conduct the case with strategy, well-organized evidence and close follow-up at every stage.

Dissolving a stable union follows a similar logic. Even without a formal marriage, a public, continuous and lasting relationship aimed at forming a family creates rights and duties, including over assets, support and custody. Formally recognizing or ending a stable union therefore brings legal certainty to both sides and prevents future disputes.

Custody and time with the children

Brazilian law sets shared custody as the rule, always guided by the best interests of the child. Shared custody does not necessarily mean time split equally; it means responsibilities and decisions about school, health and education are taken together.

We help build a realistic parenting plan that considers the children's routine, the distance between homes, holidays, school breaks and special dates. A detailed agreement prevents future misunderstandings and gives everyone involved more security.

Child support: calculation, review and collection

The amount of support is set by balancing the needs of the person who receives it and the means of the person who pays. There is no fixed percentage in the law; each case is analyzed based on proven expenses, income and the family's standard of living.

We act both in setting and in reviewing support when there is a relevant change in either party's financial situation, as well as in collecting overdue amounts. We also advise on ending support when a child reaches adulthood and is no longer dependent on the parents, which requires a specific request and an analysis of the case.

Illustration of a divorce agreement and division of assets with a document, scales and a house, in navy blue and gold tones
In the division of assets, the property regime defines what is shared between the couple.

Division of assets, probate and succession

How assets are divided depends on the property regime chosen for the marriage or stable union. Under partial community of property, the most common regime, assets acquired for value during the union are generally shared. Real estate, vehicles, investments, companies and even debts must be identified and valued carefully.

When a family member passes away, probate organizes the transfer of assets to the heirs. When all heirs are legally capable and in agreement, probate can usually be done at a notary's office, more quickly. The Code of Civil Procedure provides for opening probate within two months of the death, and delays may lead to a fine on the transfer tax, according to each state's law. We also advise on estate planning, wills and lifetime gifts.

How our service works

It all starts with an initial conversation, in person or online, where you describe the case calmly and under professional confidentiality. We then send, in writing, an analysis of the possible paths, a personalized list of documents and a fee proposal.

Throughout the process you follow the progress through the client portal, receive explanations in plain language and have one professional responsible for your case. We do not promise results, because every case depends on the evidence and the judge's decision, but we guarantee dedication, transparency and respect at every stage.

If you are going through a separation, a custody dispute or a probate, schedule a conversation. The sooner the situation is assessed, the more options are usually available and the smoother the solution tends to be.

Services

  • Uncontested and contested divorce
  • Custody and visitation
  • Child support
  • Division of assets
  • Review of agreements
  • Probate and estates

Frequently asked questions

How long does a divorce take?

The time varies depending on the case and whether the parties agree. In the initial consultation we assess your situation and explain the steps.

What documents do I need to gather?

In general: personal documents, marriage certificate and documents about assets and children. We send a personalized list after the first consultation.

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